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RED LAKE BAND OF CHIPPEWA INDIANS v. BAUDETTE

No. Civ. 4-89-719.

769 F.Supp. 1069 (1991)

RED LAKE BAND OF CHIPPEWA INDIANS, Plaintiff, v. CITY OF BAUDETTE, Minnesota, a municipal corporation; Independent School District No. 386, Successor in Interest to Independent School No. 111, a municipal corporation; State of Minnesota; Canadian National Railroad Company, a corporation, successor in interest to the Minnesota and Manitoba Railroad Company, a corporation; Minnkota Power Cooperative, Inc., a corporation; First National Bank of Baudette, a corporation; Baudette Oil Co., Inc., a corporation; Co-Op Service, Inc., of Baudette, a corporation; Larry Larson, dba Rapid River Grain and Seed Company; Howard Mord, dba Howard's Oil Company; Elwood L. Dahl and Lloydeen E. Dahl, dba Phillips 66; Robert E. Schuler dba Schuler Company; and Exports, Inc., Defendants.

United States District Court, D. Minnesota, Fourth Division.

July 18, 1991.

Attorney(s) appearing for the Case

Marvin J. Sonosky, Rodney J. Edwards, James F. Bodin, Duluth, Minn., and Sonosky, Chambers & Sachse, Washington, D.C., for plaintiff.

John E. Jacobson, Jacobson Law Office, Minneapolis, Minn., for defendants City of Baudette and Independent School Dist. 386.

Hubert H. Humphrey, III, Minn. Atty. Gen., and Gail I. Lewellan, Asst. Atty. Gen., St. Paul, for defendant State of Minn.

Gilbert W. Harries, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, Minn., Philip A. Nacke, Hopkins, Sutter, Hamel & Park, Washington, D.C., for defendants Canadian Nat. R.R. and Minn. & Manitoba Ry.

John P. Bailey, Bailey Law Office, Bemidji, Minn., for defendant Minnkota Power Co-op.

Daniel C. Adams, Bowman & Brooke, Minneapolis, Minn., Jeffrey R. Ansel, Timothy K. Masterson, Winthrop & Weinstine, St. Paul, Minn., for defendant First Nat. Bank of Baudette.

Richard A. Saliterman, Saliterman & Siefferman, Minneapolis, Minn., for defendant Exports, Inc.

Jerome G. Arnold, U.S. Atty., and Mary E. Carlson, Asst. U.S. Atty., Minneapolis, Minn., for amicus curiae U.S.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court upon motion of the plaintiff to amend the Court's judgment entered June 3, 1991 pursuant to Federal Rule of Civil Procedure 59(e); upon motion of defendant State of Minnesota to dismiss as to the State of Minnesota pursuant to Fed.R.Civ.P. 60(b); and upon motion of the United States for leave to file a brief as amicus curiae. The motion of the United States for leave to file...

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